State Considering Changing Deferred Prosecution Law

Posted by Jason Lantz | Dec 27, 2023 | 0 Comments

The Washington legislature is considering a change to Washington law which would allow a second deferred prosecution for any client who completed a deferred prosecution on their first DUI.   Currently, a person is limited to one deferred prosecution for DUI in their lifetime. The intent of the law would be to encourage a deferred prosecution in cases where the client has a severe substance abuse disorder and opts into intensive treatment.  This would also eliminate the incentive to "save it" for a second DUI.  Of course, this would not be an option for most clients with a first DUI because they typically do not have an abuse disorder.  However, for those with a severe abuse disorder, a person who petitioned for a deferred prosecution for their first DUI would have one last opportunity to avoid jail and enter treatment on a second DUI.  Jason and Geoff have been involved in the legislative process and are closely monitoring this bill for the Washington Association of Criminal Defense Lawyers.

About the Author

Jason Lantz

Jason Lantz, attorney at the Law Offices of Geoffrey Burg, LLC, focuses his practice on criminal and DUI defense. Jason obtained his B.S. in Life Science from Kansas State University and graduated from Seattle University School of Law with honors. Jason has been one of the leaders of the Washington Draeger Litigation Project since January 2015. The Draeger is Washington state's relatively new breath testing machine. Jason has spent hundreds of hours researching the Draeger Alcotest 9510, talking to experts, and coordinating litigation. His Draeger work was recently featured on the New York Times television news program "The Weekly."


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